Rep. Roskam: The Obama Administration was very lenient with the crimes that Lois Lerner committed. And those are strong words that I’m using but the House Ways and Means Committee voted out a criminal referral to the Department of Justice which was completely dismissed by the Department of Justice… We think that Lois Lerner did two things wrong. Number one, she denied people due process and equal protection of the law based on their political philosophy. We’re convinced that there is overwhelming evidence to suggest that that’s true. And that’s a felony. Secondly, we suspect that she lied to the Inspecter General of the Treasury Department.

…Strassel’s chapters on the politicization of the IRS in Obama’s hands make for a striking summary of Chicago skullduggery. In 2012, an election year, the IRS, led by liberal operative Lois Lerner, systematically sidelined conservative (often Tea Party) organizations. The broadest and deepest scandal in IRS history is more than three years old, but there is little chance that Obama’s Chicago-ized Justice Department will hold anyone accountable. Strassel also discusses the attempts led by Senators Sheldon Whitehouse of Rhode Island and Dick Durbin of Illinois to criminalize criticism of the standard-issue UN position on climate change. The senators insist that manmade climate change is a matter of “settled science.” But climate is always changing, and science is never settled.

In late 2008, after Democrats took control of all three branches of government, the Left realized, writes Strassel, that it could use the federal bureaucracy to deploy campaign finance laws selectively against its opponents. The Left could also call upon “the extraordinary new power of the Internet and social media” to convince “a credulous public” that its assaults on opposition political activity “were aimed at ‘cleaner’ and ‘more open’ elections.” This dynamic constitutes what Strassel calls “the modern intimidation game” that “now defines American politics.”

In Wisconsin, Democrats enraged by Governor Scott Walker’s successful effort to limit the collective bargaining rights of public employees played the intimidation game even while out of power. The state’s Progressive-era laws, designed to ensure fair elections, and its unique Government Accountability Board were turned against conservative activists who supported Walker. Democratic Party county prosecutors pressed an array of lawsuits and used armed sheriffs’ deputies to stage early-morning raids, guns drawn, on the homes of conservative activists suspected of having marginally violated state campaign finance laws—in this case, the heinous crime of having outside committees coordinate campaign expenditures with Governor Walker’s electoral efforts. Further, the accused were forbidden by state law of telling anyone, except their lawyers, about the raids. Most of this, as Strassel accurately notes, was “simple harassment.”

As for real wrongdoing, the Obama administration, as Strassel explains, has slow-walked documents required for the investigation into the IRS scandals and the Justice Department’s Fast and Furious fiasco, in which the federal government inadvertently armed Mexican drug cartels. Moreover, the House committee examining the Benghazi debacle still doesn’t have tens of thousands of Hillary Clinton emails. But the investigation did inadvertently expose the former secretary of state’s home-brewed email server. Read the rest of this entry »

A total of 508 Americans renounced their citizenship in the second quarter of the year, according to information published by the Internal Revenue Service, putting the country on track to lose at least the second highest number of citizens on record.

That brings the total number of expatriates for the year to 1,666, according to data published on Friday, just below the 1,795 who renounced during the same period in 2015. Yet because the number of expatriates tends to increase toward the end of the year, 2016 could still set another record for the number of Americans it sends packing. A total of 4,279 left over the duration of 2015, which was the third consecutive year to set a new annual record.

Tax experts have suggested the uptick is due, in part, to the Foreign Account Tax Compliance Act. The 2010 law was aimed at forcing nonresident citizens, estimated to be between 2 and 7 million, to report more of their income for tax collection. Read the rest of this entry »

Michael Barone writes: The knee jerk response of many liberals to political attacks seems to be to suppress such speech. Examples abound. Michigan Rep. Gary Peters, running for the Senate, threatens the broadcast licenses of stations that run adscriticizing him. Over at salon.com Fred Jerome imagines what it would be like to nationalize — have the government take over — Fox News. And of course evidence continues to accumulate that high Internal Revenue Service officials denied approval to conservative groups in order to suppress political speech.

Then there’s the Federal Communications Commission‘s “Multi-Market Study of Critical Information Needs”–put on hold Friday. The FCC was going to query TV station and newspaper
writers about their “coverage choices.” As my Washington Examiner colleague Byron York explains, this “study” was the project of Democratic FCC Commissioner Mignon Clyburn, daughter of Rep. James Clyburn, and it was scheduled to be rolled out first in Columbia, S.C. — which just happens to be the Clyburns’ hometown. Read the rest of this entry »

‘None of these people have any incentive to undertake the job of decreasing the complexity of the tax system.’

primatologist writes: If most people in the US knew the truth about the tax system in their country, there would be blood in the streets. Most individuals file a very simple federal income tax return – perhaps they take a few deductions for their mortgage interest, medical costs and the like. But this annual experience for the vast majority of Americans gives them a very skewed view of the great mass of the US tax system – it is the tiniest visible sign of an enormous tumor that grows beneath the surface, invisible to most US citizens and tax payers.

“This is how it works: To escape the high tax rates on business activities in the US, armies of lobbyists work ceaselessly to insert arcane, narrow exceptions and exemptions into federal and state tax laws at the legislative level. The exceptions and exemptions are as narrow as possible and often use very convoluted and technical language. The use of opaque language is intentional: it helps legislators avoid the kind of political trouble that comes from handing out tax exemptions.”

Two facts that are rarely discussed by the US media and which never come to the attention of the majority of US individual taxpayers illustrate this: The US has by far the highest corporate income tax rate of any developed country (and among the highest marginal tax rates for individuals who live in high tax states), and the US has an incredibly large and complex structure of tax laws. While most US taxpayers don’t know about the relatively high rates of US taxation, the crucial reality of the US tax system that is hidden from almost everyone is the insane complexity of the US tax code that applies to investment and business activities.

“Why uncertainty? Because as the tax laws and regulations become more and more complex, and the language in which they are expressed becomes more and more divorced from normal usage, only very intelligent people who spend all their time doing nothing but learning and manipulating tax language can even begin to know what the laws and rules mean.”

This is how it works: To escape the high tax rates on business activities in the US, armies of lobbyists work ceaselessly to insert arcane, narrow exceptions and exemptions into federal and state tax laws at the legislative level. The exceptions and exemptions are as narrow as possible and often use very convoluted and technical language.

The use of opaque language is intentional: it helps legislators avoid the kind of political trouble that comes from handing out tax exemptions. (There is also the factor that legislators all play the game of “I’ll vote for your campaign contributor’s tax exemption if you’ll vote for mine.”) Tax authorities (that’s the IRS for the federal government, but it happens at the state and local level, too, in high-tax states and cities) create voluminous regulations to implement these tax laws. Lobbyists also work to influence that process, as well as returning to the legislature to create exceptions to the exceptions to the exceptions created in the regulations.

“Trying to undo the complexity of the tax code would reveal all this incredible responsive complexity: And it would cause massive economic losses. Trillions and trillions of dollars worth of value is invested in ways that are structured in response to the complexity of our tax laws. Without those giant stacks of tax rules and exceptions and exceptions to exceptions, etc., those investment and business operations structures would not make sense legally or economically.”

Meanwhile, “tax planning” to take advantage of this constantly growing and increasingly complex web of laws and regulations becomes a bigger and bigger part of how businesses structure their enterprises and investments. “Tax planning” is carried out by armies of accountants and lawyers and consultants, all of whom are handsomely paid to do work that contributes nothing to economic growth or prosperity.

The work of the “tax planning” professionals becomes more and more complex and incomprehensible to those outside their fraternity, as it is essentially the incantation of linguistic “magic spells” that have nothing whatsoever to do with the actual business enterprise, and everything to do with fitting into the ever-more-convoluted language of the tax codes. More and more layers of complexity are added, each with additional cost and uncertainty.

Why uncertainty? Because as the tax laws and regulations become more and more complex, and the language in which they are expressed becomes more and more divorced from normal usage, only very intelligent people who spend all their time doing nothing but learning and manipulating tax language can even begin to know what the laws and rules mean.

“One consequence of this process that everyone who is involved in international business knows very well is that no one wants to do business in the United States if they can help it.“

And they won’t all agree – until a very clear case is litigated to conclusion in a court or the IRS issues a “clarification,” it’s all just educated guesses. By the time a term comes to have well-understood meaning, the exceptions to the rules that use that term – using new words that were intentionally difficult to understand in the first place – have to be interpreted and clarified.

“And here’s the real horror: No one outside the fraternity of tax regulators, lobbyists, tax lawyers, accountants and consultants really perceives how enormous the structure of tax complexity is. Investors and entrepreneurs learn no more than they have to – just what they have to know to do the specific deal they’re working on or carry out their own narrow business operations.”

This process has been going on for well over a hundred years with no let up. In fact, the scale and complexity of the tax codes continues to grow exponentially, as the feedback process of high tax rates leading to exceptions leading to exceptions to exceptions continues ad infinitum.

“Unwinding all that complexity would wipe out huge swathes of the US economy – and create a whole new set of winners and losers that has nothing to do with the underlying matter of actually creating real value in the real world.”

One consequence of this process that everyone who is involved in international business knows very well is that NO ONE WANTS TO DO BUSINESS IN THE UNITED STATES IF THEY CAN HELP IT. This is the world I work in. In my professional world it is simply taken for granted that people with money to invest will do anything in their power to structure their business so that no possible argument can be made that they did business or invested in the US. Companies and wealthy individuals go to extreme lengths to avoid putting any kind of investment into the US if it is at all possible.

Does this mean that no one invests in US businesses? No. The US consumer market is too big, and innovation in the US is too valuable for that to be true. What it does mean, though is that below a certain very large scale, it just doesn’t pay. Even more important, it also means that every investment in the US is “taxed” in a way that does no one (outside of the business of avoiding tax) any good: Huge amounts of money are spent creating unnecessary complexity to minimize US taxation as much as possible: Extra layers of incorporation and complex accounting structures are created to do everything possible to minimize the amount of income earned in the US. All that time, effort and money spent avoiding US taxation adds to the cost of investment without creating one dime of revenue for the US government. Finally, foreign investors in the US do everything they can to get their money out of the US as quickly as possible: The more time an investment is exposed to US tax law, the larger the chance that some tax law magic spell will be countered by some other tax law magic spell and – BANG! – there go all the profits. Read the rest of this entry »

“Commissioner violated the public trust. He failed to comply with a congressionally issued subpoena, documents were destroyed on his watch, and the public was consistently misled.”

“Impeachment is the appropriate tool to restore public confidence in the IRS and to protect the institutional interests of Congress. This action will demonstrate to the American people that the IRS is under repair, and signal that Executive Branch officials who violate the public trust will be held accountable.”

George Will writes: “Look,” wrote Lois Lerner, echoing Horace Greeley, “my view is that Lincoln was our worst president not our best. He should [have] let the [S]outh go. We really do seem to have 2 totally different mindsets.” Greeley, editor of the New York Tribune, was referring to Southern secessionist states when he urged President-elect Lincoln to “let the erring sisters go in peace.”

Greeley favored separating the nation from certain mind-sets; Lerner favors suppressing certain mind-sets. At the Internal Revenue Service, she participated in delaying for up to five years — effectively denying — tax-exempt status for, and hence restricting political activity by, groups with conservative mind-sets. She retired after refusing to testify to congressional committees, invoking Fifth Amendment protection against self-incrimination.

As the IRS coverup of its and her malfeasance continues, the Republicans’ new House leaders should exercise this constitutional power: “The House . . . shall have the sole power of impeachment.” The current IRS director, John Koskinen, has earned this attention.

“After Koskinen complained about the high cost in time and money involved in the search, employees at a West Virginia data center told a Treasury Department official that no one asked for backup tapes of Lerner’s e-mails.”

The Constitution’s framers, knowing that executive officers might not monitor themselves, provided the impeachment recourse to bolster the separation of powers. Federal officials can be impeached for dereliction of duty (as in Koskinen’s failure to disclose the disappearance of e-mails germane to a congressional investigation); for failure to comply (as in Koskinen’s noncompliance with a preservation order pertaining to an investigation); and for breach of trust (as in Koskinen’s refusal to testify accurately and keep promises made to Congress).

Rep. Jason Chaffetz (R-Utah), chairman of the Oversight and Government Reform Committee, says the IRS has “lied to Congress ” and “destroyed documents under subpoena.” He accuses Koskinen of “lies, obfuscation and deceit”: “He assured us he would comply with a congressional subpoena seeking Lois Lerner’s emails. Not only did he fail to keep that promise, we later learned he did not look in earnest for the information.”

After Koskinen complained about the high cost in time and money involved in the search, employees at a West Virginia data center told a Treasury Department official that no one asked for backup tapes of Lerner’s e-mails. Read the rest of this entry »

Though it has been in place since 1967, some of us don’t fully understand—or take advantage of—the Freedom of Information Act (FOIA). The act, often described as the law that keeps citizens in the know about their government, requires federal agencies to disclose requested information. While there are nine specific exemptions, the FOIA grants citizens a wide range of information controlled by the U.S. government.

As election season nears, and in light of an outbreak of high profile investigations into government dealings, FOIA requests have gained currency as an indispensable tool to shed light on the inner workings of public affairs.

Especially in the internet age, citizens should have free and unrestricted access to government information. As an essential tool to gain access to the troves of electronic information at the heart of the biggest, most important government disputes, FOIA requests are crucial for a transparent democracy. But to tap into the heaps of information, electronic and otherwise, you need to know how to file a request and identify the nine exemptions. This infographic clearly details the process of filing a request under the act as well as what happens once a request is made.

No, the Obama administration isn’t going to invade Texas

…Let’s not forget that more than half of Democrat voters thought it was “very” or “somewhat” likely that the Bush administration either “assisted in the 9/11 attacks or took no action to stop the attacks because they wanted the United States to go to war in the Middle East.” Let that sink in: For all the elite’s disdain of allegedly gullible conservatives, a majority of the Left believed that an American president was complicit in mass murder.

But extreme paranoia wasn’t limited to the Democratic rank and file. As National Review’s own Rich Lowry pointed out, Naomi Wolf (former campaign consultant to Bill Clinton and Al Gore) actually wrote a book explaining how the Bush administration was mirroring the early actions of dictatorships like those in Germany, Russia, and China. Harper’s Magazine published breathless stories about a barely averted Bush administration “coup” or “military dictatorship.” Even as recently as 2013, the National Journalpublished an article claiming that military officers were considering “staging a coup” against President Obama — the basis for the claim was a series of statements by a retired general who specifically declared that no coup was being contemplated.

In this atmosphere of earned distrust, it is appropriate for elected officials to ask questions about even benign and well-meaning military exercises. No, the Obama administration isn’t going to invade Texas or Utah. Yes, there are some bottom-dwelling, opportunistic conspiracy-mongers who’ve done their best to whip up public concern. Read the rest of this entry »

Robert W. Merry reviews Grover Norquist’s new book

Robert W. Merry writes: Among the more enjoyable spectacles of Washington in recent years has been watching Grover Norquist eluding once again a contingent of media foxhounds in full bray, yelping and jumping at the bottom of a tree in which, they are convinced, they have finally trapped the prominent anti-tax guru. One such episode took place in November 2012, shortly after President Obama’s reelection—and at a time when official Washington faced a choice between a grand fiscal compromise and the austere budget cuts that would kick in automatically under what was known as “sequestration.”

Congress would never allow sequestration to take effect, according to the media wisdom of the day, and hence Republicans would have to accept tax increases as part of the alternative fiscal bargain. That would mean the GOP would have to repudiate the famous Tax Pledge devised by Norquist and signed by nearly every congressional Republican. That, in turn, would destroy the force and power of that nettlesome Tax Pledge—and dislodge Norquist from his prominent place as Horatio at the bridge of tax policy.

This particular episode took place around the luncheon table of the Center for the National Interest (publisher of this website and its allied magazine), and the media hounds went after Norquist with the glee of those who know they are about to witness a political comeuppance of serious magnitude. Through it all, the imperturbable Norquist confidently and quietly held his ground—never ruffled, never riled, never lacking in magnanimity, seemingly sure of his aces. “This isn’t my first rodeo,” he said, and laid out a lucid political explanation for why his Pledge would hold, even in the face of such tectonic pressures.

The next day, the Los Angeles Times offered an analysis entitled, “Grover Norquist the has-been.” It proclaimed that “even he can’t ignore the signs that his hold is slipping.” The Washington Post’s Dana Milbank, after quoting Norquist’s insistence that congressional Republicans would adhere to their anti-tax heritage, even in the face of the looming sequestration decision, wrote with a smirk, “Also, the dog ate Norquist’s homework.” He added that Norquist’s confidence on the matter suggested he “had been on a long trip in a remote location.” The New York Times, in a front-page feature, suggested Norquist “finds himself in a tricky spot.”

What happened next? The sequestration deadline came and went, no grand fiscal compromise emerged, the austere spending cuts went into effect, and Norquist’s famous Pledge remained intact, as did the political standing and influence of Norquist himself. Dana Milbank never got around to revealing to his readers his own remote location whenthe dog was eating his prediction of Norquist’s political demise. Truly, Norquist is a Washington figure to be reckoned with.

Now he bundles up his anti-tax sentiments and political assessments into a sprightly volume entitled: End the IRS Before It Ends Us: How to Restore a Low Tax, High Growth, Wealthy America. It’s a book of many parts: primer on America’s tax history and growth in government; polemical expose of liberal legerdemain on the issue; policy recommendations for smaller government, strong economic growth and a streamlined tax system; and paean to the energy and efficiency of unfettered capitalism. He even provides an amusing narrative of the earnest efforts of his adversaries to obliterate his famous Pledge, all to no avail.

The reason they can’t obliterate it, writes Norquist, is that the American people are on to the ominous consequences of inexorable governmental expansion and fiscal incontinence. Currently, U.S. governmental spending—federal, state and local—amounts to 34 percent of the national economy, while taxes consume about 30 percent of annual GDP. And what’s going to happen to tax rates and the governmental share of GDP, he asks, when it comes time to pay down the $17 trillion in federal debt (nearly $8 trillion of it added on Obama’s watch) or the $123 trillion in “unfunded liabilities” accumulated through years of irresponsible government spending?

All this has generated civic angers that in turn spawned the Tea Party phenomenon of the early Obama years—the country’s first mass movement focused primarily on governmental spending. During the week of April 15, 2009, Americans gathered across the country in more than 600—perhaps as many as a thousand—anti-spending rallies with up to a million participants. As Norquist puts it, “A wall of opposition to government spending rose up.” At the next election, Republicans campaigning against government spending and Obama’s stimulus legislation captured the House by gaining sixty-three seats in that chamber; they also picked up a net gain of six Senate seats.

Two years later, though, the Tea Party movement seemed to have petered out. Republicans failed to oust Obama from the White House or to capture the four Senate seats needed for control of that chamber. What happened?

The DoJ won’t press contempt charges against her for her busted attempt to plead the fifth (Here Is a Statement of Alleged Facts I Want to Introduce Into the Record/Having Done That, I Now Say I Don’t Want to Speak for the Record).

Supposedly the DoJ is still considering bringing some sort of charges against her over the Tea Party Targeting.

Sure. I’m sure Eric Holder and Barack Obama want to get right to the bottom of the conspiracy they were participants in.

WASHINGTON (AP) — Sen. Ted Cruz, having revealed that he files a tax return, and pays federal income tax to the IRS, even though in his newly-announced bid for the White house, he is actively campaigning against the IRS, finds himself in the midst of a firestorm of criticism and mockery. “Ted Cruz is a hypocrite. How can he attack the IRS, and at the same time, admit that he pays taxes?”, said a spokesman for ThinkProgress. “Any candidate that pays taxes with one hand, and attacks the agency that collects taxes and investigates citizens with the other hand, is not qualified to be president.”

Stephen Dinan reports: The White House told Congress last week it refused to dig into its computers for emails that could shed light on what kinds of private taxpayer information the IRS shares with President Obama’s top aides, assuring Congress that the IRS will address the issue — eventually.

The tax agency has already said it doesn’t have the capability to dig out the emails in question, but the White House’s chief counsel, W. Neil Eggleston, insisted in a letter last week to House Committee on Ways and Means Chairman Paul Ryan that the IRS would try again once it finishes with the tea party-targeting scandal.

“It is my understanding that in May 2014, Commissioner Koskinen responded to this request by indicating that the IRS would be able to address new topics such as these following its completion of document productions already in progress,” Mr. Eggleston wrote in a Feb. 17 letter. “To the extent that the committee continues to have an oversight interest in this matter, I encourage you to continue working with the IRS to address those questions.”

“The IRS has been under fire for years over several scandals, including its targeting of tea party groups for politically motivated scrutiny and its illegal release of private taxpayer information…”

But IRS Commissioner John Koskinen’s letter last year didn’t say that. Instead Mr. Koskinen said the IRS was logistically incapable of performing the search because it would have required combing through 90,000 email accounts.

The White House’s stiff-arm comes even though it performed a similar kind of email search in the past after the IRS lost thousands of emails of former division chief Lois G. Lerner, a key figure in the tea party targeting.

Mr. Ryan is trying to figure out whether the laws that govern taxpayer information security are working, which is part of his committee’s jurisdiction.

“The White House’s stiff-arm comes even though it performed a similar kind of email search in the past after the IRS lost thousands of emails of former division chief Lois G. Lerner, a key figure in the tea party targeting.”

The IRS has been under fire for years over several scandals, including its targeting of tea party groups for politically motivated scrutiny and its illegal release of private taxpayer information concerning the National Organization for Marriage. The IRS insisted the disclosure was accidental and not politically motivated, but it did pay a settlement to the organization.

Some outside pressure groups argue the IRS’s improper behavior goes further, and includes disclosing private taxpayer information to the White House. The groups point to comments by a top White House economic adviser who in 2010 said Koch Industries, the company run by conservative billionaires Charles and David Koch, paid no corporate income taxes. Read the rest of this entry »

An attorney with TIGTA wrote Cause of Action on Tuesday and informed the organization of “2,509 pages of documents potentially responsive to your request,” Fox Newsreported Wednesday. Of those documents, 2,043 were in fact responsive to the organization’s request. Read the rest of this entry »

The memo, obtained by The DC, briefed Jeanne Shaheen about a coordinated IRS-Treasury Department plot to target political activity by nonprofit 501(c)(4) groups. The plot was operating out of Lois Lerner’s Tax Exempt Government Entities Division.

Patrick Howley reports: Democratic New HampshireSen. Jeanne Shaheen was principally involved in a plot with Lois Lerner and President Barack Obama’s political appointee at the IRS to lead a program of harassment against conservative nonprofit groups during the 2012 election, according to letters exclusively obtained by The Daily Caller.

“Shaheen got the inside info from the IRS, making it clear she was the point person in a group composed of six close Democratic colleagues…who joined with Shaheen in quietly writing a letter to then-IRS commissioner Doug Shulman expressing their concern about new nonprofit groups engaging in political activity…”

The Internal Revenue Service (IRS) did not want to publicly release 2012 correspondences exchanged between the IRS and Jeanne Shaheen at her personal Washington office: the agency delayed releasing the information to a major conservative super PAC multiple times, even threatening to see the super PAC in court, according to emails.

“I hope this information is helpful. I am sending a similar response to your colleagues. If you have questions, please contact me or have your staff contact Cathy Barre…”

“The IRS is aware of the current public interest in this issue,” IRS chief counsel William J. Wilkins, a White House visitor described by insiders as “The President’s Man at the IRS,” personally wrote in a hand-stamped memo to “Senator Shaheen” on official Department of the Treasury letterhead on April 25, 2012.

The memo, obtained by The DC, briefed the Democratic senator about a coordinated IRS-Treasury Department plot to target political activity by nonprofit 501(c)(4) groups. The plot was operating out of Lois Lerner’s Tax Exempt Government Entities Division.

“These regulations have been in place since 1959,” Wilkins wrote. “We will consider proposed changes in this area as we work with Tax-Exempt and Government Entities and the Treasury Department’s Office of Tax Policy to identify tax issues that should be addressed” in designing new regulations and “guidance.” Read the rest of this entry »

The IRS notched a major legal victory Thursday after a federal judge dismissed lawsuits brought by more than 40 conservative groups seeking remedies for being singled out in the tea party targeting scandal.

“[T]he Court is satisfied that there is no reasonable expectation that the alleged conduct will recur, as the defendants have not only suspended the conduct, but have also taken remedial measures to ensure that the conduct is not repeated.”

Judge Reggie Walton of the U.S. District Court of the District of Columbia threw out almost all counts brought against the tax-collecting agency in two cases, ruling that both were essentially moot now that the IRS granted the groups their tax-exempt status that had been held up for years

Translation:“They promised not to do it anymore, so it’s okay”

The decisions have major implications for tea party groups suing the IRS over the issue. It appears they have a tough case to make because the IRS, since the controversy broke in 2013, has approved most tea party groups’ applications, which, according to Walton, keeps the court from hearing their cases.

“After the plaintiff initiated this case, its application to the IRS for tax-exempt status was approved by the IRS. The allegedly unconstitutional governmental conduct, which delayed the processing of the plaintiff’s tax exempt application and brought about this litigation, is no longer impacting the plaintiff,” Walton said in his decision to throw out True the Vote’s lawsuit against the IRS.

“The judge, appointed by Republican President George W. Bush, also said the groups couldn’t receive monetary relief from individual IRS officials, such as ex-IRS official Lois Lerner, because of the ‘chilling effect’ it would have on tax administration.”

(Chilling political speech of opposition groups is okay, but risking a potentialchilling effect on the IRS? No! We can’t have that!)

His reasoning was similar in the second case, where 41 conservative groups banded together to sue the IRS for similar misconduct: “[T]he allegedly unconstitutional governmental conduct … is no longer impacting the plaintiffs. … Counts … are therefore moot.”

The judge, appointed by Republican President George W. Bush, also said the groups couldn’t receive monetary relief from individual IRS officials, such as ex-IRS official Lois Lerner, because of the chilling effect it would have on tax administration.

The same judge in August rejected True the Vote’s bid for a court-appointed forensics expert to hunt Lerner’s lost emails, another blow to conservatives seeking outside experts to take the lead on the IRS investigation. Two years’ worth of the former head of the tax-exempt division’s emails were erased in a hard drive crash in 2011, the IRS says. Read the rest of this entry »

Even if we didn’t have proof that Lois Lerner and the IRS had deliberately targeted conservative non-profit groupswhose names included words like “Tea Party” and “patriots,” this could just been seen as another example of big government inefficiency and incompetence. Thing is, we know that conservative groups’ applications were held up through several election cycles to keep them from influencing the vote.

American Center for Law and Justice attorney Miles Terry writes today that two more conservative groups have had their tax-exempt applications approved — after a more than four-year delay.

Laurens County Tea Party and Allen Area Patriots both applied for tax-exemption in July of 2010. It took the IRS more than four years to review their applications and approve these groups.

Of our 41 clients, 28 have now been approved, and seven groups are still awaiting approval. One of these seven groups, Albuquerque Tea Party is less than two months away from “celebrating” five years since they originally applied for tax-exemption. To date, they have still not been approved.

Currently, over a hundred lawsuits have been filed against Obamacare – and Obamacare has lost 91% of the cases decided to-date, (71 losses out of 78 decisions), according to the latest tally by The Beckett Fund.

“Today’s ruling is a consequential victory for the rule of law. The administration and its bureaucrats in the IRS handed out billions in illegal tax credits and subsidies and vastly expanded the reach of the health care law because they didn’t like the way Congress wrote the Affordable Care Act. That’s not how our system of government works.”

For CNS News, Craig Bannister reports: In his decision, U.S. District Judge Ronald White concluded Tuesday that the IRS rule altering the Obamacare law and providing billions in subsidies is “arbitrary, capricious and abuse of discretion”:

“The court holds that the IRS rule is arbitrary, capricious, and abuse of discretion or otherwise not in accordance with law, pursuant to 5 U.S.C.706(2)(A), in excess of summary jurisdiction, authority or limitation, or short of statutory right, pursuant to 5 U.S.C. 706(2)(C), or otherwise is an invalidation of the ACA [Affordable Care Act], and is hereby vacated. The court’s order of vacatur is stayed, however, pending resolution of any appeal from this order.”

“Today’s decision is a reminder that the President’s broken promises of affordable, accessible health care are the result of broken policy. The Obama Administration has tried to make the law work with waivers and exemptions, but the courts continue to confront the legality of this legislation...”

— Senator Jim Inhofe

In September 2012, Oklahoma was the first of several states to challenge the legality of an IRS rule that caused billions in subsidies to be paid out, despite Congress having never authorized those payments. Read the rest of this entry »

Everyone in Washington has a P.R. machine, or at minimum, an agenda. That’s certainly the case with Lois Lerner, the former IRS executive whose division targeted conservative nonprofit applicants with delays and harassment.

“Lerner is willing to testify only in the news media, where the whole truth is not required and irrelevant information can be shared to make her seem less unsympathetic.”

Lerner’s division of the IRS systematically obstructed and denied status to Tea Party groups while subjecting many of the smallest ones — those most vulnerable and least likely to be lawyered up — to inappropriate demands for information that was not legally required. In one case, this included the content of the opening prayer recited in meetings, and in others, this IRS Inquisition demanded that leaders of certain groups pledge never to run for office.

Lerner is out of that business now, and on to a new campaign. This campaign, in which she has enlisted friends and former colleagues, aims to tell the side of the story that she has refused to give Congress under oath.

The resulting Politico piece includes — this is no joke — the revelations that she once baked brownies for colleagues and that she loves dogs. How delightful for her and the dogs! But so what? Lerner cited the Fifth Amendment and refused to answer questions about her involvement in this scandal. The reason for doing that is that she believes her answers could facilitate a criminal prosecution against her. The mysterious destruction of evidence in this case strongly suggests she is right to worry about that. So does her concerned email inquiry to government IT workers as to whether her instant messages with colleagues could ever be obtained by congressional investigators. Read the rest of this entry »

The documents show Lerner’s efforts to persuade Treasury auditors that there was no institutional bias at the IRS, the agency’s attempts to head off a damaging investigation with a pre-emptive apology, and Lerner’s pep talk to her staff after the apology.

WASHINGTON — Gregory Korte reports: The day that former Internal Revenue Service official Lois Lerner publicly apologized for using “inappropriate criteria” to delay tax exemptions for Tea Party groups, she told her colleagues that they were being “beaten up by the press for all the wrong reasons.”

That e-mail comes in 1,706 pages of newly released documents that shed light on the damage control happening at the IRS — and at the watchdog agency investigating it — as the scandal blew up last year. Read the rest of this entry »

The IRS said in June that it could not locate an untold number of emails to and from Lois Lerner, who headed the IRS division that processes applications for tax-exempt status during the time that the targeting of Tea Party groups occurred.

That revelation set off a new round of investigations and congressional hearings.

On Friday, the IRS issued a report to Congress saying the agency also lost emails from five other employees related to the probe, including two agents who worked in a Cincinnati office processing applications for tax-exempt status.

Not only did the IRS lose former former tax-exempt director Lois Lerner’s emails, it said today it lost the emails of five other employees associated with a Tea Party targeting scheme.

Democratic Sen. Carl Levin, left, talks with Republican Sen. John McCain, on Capitol Hill in Washington. After investigating the IRS for more than a year, the two senators said today that they disagree on whether the tax agency treated conservative groups worse than their liberal counterparts when they applied for tax-exempt status.

The disclosure came on the same day the Senate’s subcommittee on investigations released competing reports on how the IRS handled applications from political groups during the 2010 and 2012 elections.

The Democratic report, released by Sen. Carl Levin of Michigan, said both liberal and conservative groups were mistreated, revealing no political bias by the IRS. Read the rest of this entry »

Connor D. Wolf reports: The official at the center of the Internal Revenue Service tea party scandal once dismissed complaints that labor unions were not reporting millions of dollars in political activities on their tax forms, according to an email obtained by The Daily Caller News Foundation.

“We believe this difference in reporting does not necessarily indicate that the organization has incorrectly reported to either the DOL or the IRS.”

In 2007, Lerner responded directly to a complaint that some major labor unions reported completely different amounts of political expenditures when filing with the IRS and the Department of Labor.

When News Becomes Parody: The IRS Supervisor of Promoting Moral Values is Accused of Swindling

A lawyer in the IRS ethics office is facing the possibility of being disbarred, according to records that accuse her of lying to a court-appointed board and hiding what she’d done with money from a settlement that was supposed to go to two medical providers who had treated her client.

Ms. McGee, who recently gave a speech to the Florida bar titled “When your license to practice before the IRS is on the line,” acknowledged in a phone interview Tuesday that her own job is on the line as she fights disbarment proceedings…. (read more)Washington Times

Internal Revenue Service Commissioner John Koskinen testifies under subpoena before the House Oversight Committee as lawmakers continue their probe of whether tea party groups were improperly targeted for increased scrutiny by the IRS, on Capitol Hill in Washington, Monday, June 23, 2014. (AP Photo/J. Scott Applewhite)

The Tax Man’s Ethics

Sometimes real news becomes parody. Over at the Internal Revenue Service, where nobody seems to be in charge, one of the managers of the ethics office faces disbarment for unethical conduct.

NRO‘s Ian Tuttle reports: According to the second round of IRS affidavits submitted to U.S. district court judge Emmett Sullivan, who is presiding over the lawsuit brought against the nation’s tax agency by watchdog group Judicial Watch, Inc., IRS technical analysts did not search Lois Lerner’s Blackberry for her allegedly “lost” e-mails — and the smartphone was destroyed after congressional investigation had begun.

“There is no record of any attempt by any IRS IT employee to recover data from any Blackberry device assigned to Lois Lerner in response to the Congressional investigations or this litigation.”

— Stephen Manning, IRS Information Technology business unit

Lerner’s government-issued laptop reportedly crashed in June 2011, at which time IRS analysts tried but failed to recover data, including e-mail communications, according to previous testimony. In his sworn declaration, Stephen Manning – deputy chief information officer for strategy and modernization with the IRS Information Technology business unit – reports that “there is no record of any attempt by any IRS IT employee to recover data from any Blackberry device assigned to Lois Lerner in response to the Congressional investigations or this litigation.” This despite the fact that Lerner had been in possession of a government-issued Blackberry since November 2009, according to the statement of Thomas J. Kane – deputy associate chief counsel for procedure and administration within the IRS Office of Chief Counsel – and it would likely have hosted at least some of Lerner’s electronic communications….(read more)

Department of Justice attorneys for the Internal Revenue Service told Judicial Watch on Friday that Lois Lerner’s emails, indeed all government computer records, are backed up by the federal government in case of a government-wide catastrophe. The Obama administration attorneys said that this back-up system would be too onerous to search. The DOJ attorneys also acknowledged that the Treasury Inspector General for Tax Administration (TIGTA) is investigating this back-up system.

We obviously disagree that disclosing the emails as required would be onerous, and plan to raise this new development with Judge Sullivan.